Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT

BRANCH 8

Davao City

IN RE: IN THE MATTER OF SPS. SANJI VINSMOKE and

ADOPTION OF MINOR SANJI NICO VINSMOKE CASE NO.
ROJAS AND CHANGE OF SPECIAL PROCEEDING
NAME TO CLIFFORD 2312323
SANTIAGO
NO. 8977

Petitioners.
x--------------------------------------------------------------x

PETITION

COMES, NOW, THE PETITIONERS, thru their counsel, and unto

this Honorable Court, most respectfully allege the following, to wit:

1. That petitioners are both of legal age, Filipinos, married to

each other, and residents of #54 Lacandalo Drive, Sta. Maria, Davao
City;

2. That they desire to adopt the minor child named SANJI

ROJAS, who is male, three years of age, Filipino, and likewise
residing at #54 Lacandalo Drive, Sta. Maria, Davao City;

3. That herein subject minor, was born at Davao City Medical

Center on December 5, 2012 to SANJI VINSMOKE, unmarried,
which proof of birth was duly registered in the Register of Births of
the Office of the Civil Registrar of Davao City, for which a Certificate
of Live Birth was issued. A machine copy of it is herewith attached as
Annex “A”;

4. That the minor child was admitted to the proper care and
custody of the Department of Social Welfare and Development
(DSWD for brevity) by his biological mother together with referring
social worker, SARAH LIM of DWSD-Crisis Intervention Unit
located in Sta. Barbara, Davao City on December 8, 2012. Subject
child was referred to their office by the Medical Social Worker of
Davao City Medical Center (ZCMC for brevity) after being initially
assessed that the mother cannot support the child with all his needs
due to economic and health reasons;

5. That SANJI was only 2 days old when he was brought for
admission at the center. He was born through normal delivery and
assisted by DR. PIA CENTENO, Medical Officer III of Davao City
Medical Center;

6. That during the interview of the child’s mother, it was found

that the subject child’s mother worked as a Guest Relation Officer
(GRO) in Fantacy KTV bar along MCLL Highway, Guiwan, this city,
and his father could not be identified. No further details regarding his
family background was established due to the mother’s inconsistent
answers to the questions. Moreover, the referring social worker, MS.
SARAH LIM worked out to submit child’s mother for assessment by
psychiatrist but the mother refused as she insisted to be mentally
stable and healthy. Per collateral review on the given address, it was
found that the mother has several men whom she does not want to
identify. She has no relative living in the city.

7. That during the child’s admission in the center, the mother,

was informed of the placement status of the child and the center’s
programs and services. She was also advised to come and visit her son
to determine her readiness to assume the role of parenting.
Unfortunately, the mother failed to fulfill such agreement. In fact, it
was her first and last visit to her child has been deprived of the love,
care and attention from his biological mother since he was two (2)
days old up to the present;

8. That as per Child Study report, the DSWD has evaluated and
recommended that the minor child can be legally adopted to spouses
ABRAHAM D. SANTIAGO and ESTER A. SANTIAGO for the
child’s best interest and welfare. A copy of said DSWD Child Study
Report is herein attached as Annex “B”;

9. THAT, MOREOVER, Petitioner is qualified to adopt the

minor child above-named under Articles 183-186 of the Family Code
of the Philippines, as amended by the provisions of Republic Act No.
9552, the Domestic Adoption of 1998;
 10. That, in addition, the adoptive applicants have been married
since June 16, 2007 but they remain childless. The spouses decided to
foster a child to whom they can give their love, care and affection. On
January 10, 2014, SANJI VINSMOKE from the Child Reception and
Study Center for Children at Talon-Talon, this city, was placed under
their custody as foster child. Attached herewith is a copy of the
spouses’ Marriage Contract as Annex “C”;

11. That the DSWD in fact made a Child Study Report on the
case of the subject minor child and in that study report i.e. social
diagnosis the minor deprived of parental love and care. They
maintained that it was the present custodian, who unselfishly provided
them love and the best opportunities to make the child fully accepted
and loved by the family resulting to a positive parent-child
relationship;

12. That, on September 30, 2015, the subject minor was

formally matched to Spouses ABRAHAM and ESTER SANTIAGO.
Last October 15, 2015, the corresponding AFFIDAVIT OF
CONSENT TO ADOPTION by DSWD was issued and herein
attached and form part of the petition as Annex “D”;

13. That herein petitioners has the capability and ability to

extend to said minor the kind of financial support that a parent can
give to his child. ABRAHAM SANTIAGO is an Accounts Officer in
the Land Bank of the Philippines while the wife ESTER is a pre-
school teacher at Ateneo de Davao University Grade School. Attached
hereto are the employment identification cards of petitioners as
Annex “E” and “E-1”;

9. That it is for the best interest of said minor if they would be

considered as child of herein petitioners because his financial,
spiritual, and emotional needs would be taken care of and his future
would be safeguarded. In fact, the couple owns a house located a safe
neighborhood in Sta. Maria. They also hired a nanny to take care of
the subject minor while they are at work. Moreover, the mother of
Abraham lives with the spouses who loves the child as much as the
spouses. With that, the DSWD, in its Home Study Report, has
strongly evaluated and recommended that the Honorable Court
approve the adoption of minor SANJI Rojas to Spouse Abraham
Santiago and Ester A. Santiago. A copy of the Home Study Report is
herein attached as Annex “F”;

10. That the spouses are of good character, has no derogatory

record whatsoever can be attributed to them, are emotionally and
psychologically capable of caring for the child, are more than sixteen
 (16) years older that the subject minor sought to be adopted, are in
position to support and care said child in keeping with the means of
the family. Attached herewith are copies of their Police clearances as
statements as Annexes “G” and “G-1”;

11. That, at present, the subject minor is now three (3) years old
and has been with the petitioners for two (2) years now. He has
adjusted well in the atmosphere and environment of his foster family.
He is observed to be an active, healthy, sociable and affectionate
child. Generally speaking, his total growth and development is within
the normal level which could be attributed to the positive, alternative,
and stimulating activities given by the foster family.

12. That the minor sought to be adopted does not own any real,
personal, tangible and intangible property; and

13. That this adoption is for the best interest and security of the
said minor if he would be considered as true and legal child of herein
petitioners and it will make his life normal, productive, and good
persons in the community;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court to grant this petition of Spouses Abraham and Ester
Santiago for the adoption of SANJI VINSMOKE and for the change of the
child’s name to Clifford A. Santiago.

Such other reliefs which the Honorable Court may deem just and
equitable under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED.
February 2, 2020

GRIDLIN A. MATILAC
Counsel for Petitioner
Until December 31, 2021
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20; Davao City
IBP O.R. No. 024454; 01-02-20; Davao
City
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF DAVAO DEL SUR) S.S
IN THE CITY OF DAVAO………..)
X…………………………………….X
JOINT VERIFICATION AND CERTIFICATION
We, spouses SANJI VINSMOKE and NICO ROBIN, of legal age, after
having been duly sworn in accordance with law, depose and state that:
1. We are a petitioner in the above-stated case representing the
republic of the Philippines;
2. We have caused the preparation of the foregoing petition;
3. We have read the contents thereof and the facts stated therein are
true and correct of our personal knowledge and/or on the basis true
and authentic records.
4. We have not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;
5. To the best of our knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
6. If we should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, we undertake to report that
fact within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signatures this

2nd day of February 2019, at Davao City, Philippines.

NICO ROBIN SANJI VINSMOKE

 Affiant Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of February 2020

at NHA Davao City affiant exhibiting to me his PASSPORT ID. No. 662133
as competent proof his identity, personally signed the forgoing affidavit and
acknowledged that he executed the same.

WITNESS MY HAND AND SEAL this 2nd day of February 2020

in Davao City, Philippines.

NOTARY PUBLIC
Doc. No. 53;
Page No. 11;
Book No. 01;
Series of 2020.